Daromin Engineering Pty Limited

[2025] FWCA 682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daromin Engineering Pty Limited

(AG2025/214)

DARACON GROUP QUARRIES ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 20 FEBRUARY 2025

Application for approval of the Daracon Group Quarries Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Daracon Group Quarries Enterprise Agreement 2024 (Agreement). The application was made by Daromin Engineering Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clauses 3 and 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Workers’ Union and the Construction, Forestry and Maritime Employees Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 17 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Daromin Engineering Pty Limited applied to the Fair Work Commission for approval of the Daracon Group Quarries Enterprise Agreement 2024. The application arose from negotiations between the employer and the employees' union. The central issue was whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the court had to determine if the agreement covered all necessary topics, complied with procedural requirements, and was free from any invalid provisions.

The Fair Work Commission examined the agreement to ensure it included minimum terms and conditions as required by the Act. It also assessed whether the agreement was made in good faith and followed the correct procedures, including any necessary notifications and opportunities for consultation. Additionally, the court considered whether the agreement was consistent with the provisions of the Fair Work Act and did not contravene any provisions of the Act or the common law.

After thorough review, the Fair Work Commission found that the agreement met all necessary statutory requirements. The agreement covered all required topics and was made in good faith. It also followed all procedural requirements, including proper consultation and notification processes. The court concluded that the agreement was valid and approved it. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established